2015
BAN'KING AMENDMENT
No.l2
principal officers or shareholders, as the case may be, of the
controlling company of a banking institution; and";
(iii) in paragraph (c) by the deletion of "chief executive officer, chief
accounting officer and such other officers as may be prescribed"
and the substitution of "principal officers";
(iv) by the repeal of paragraph (d) and the substitution of the following
paragraphs"(d) the applicant's business plan is appropriate for the class of
banking business the applicant wishes to conduct;
(dl) the applicant's structural organisation and internal
procedures(i) are consistent with generally recognised standards
of corporate governance, including those fixed or
prescribed in tem1S of this Act; and
(ii) are appropriate to the class of banking business the
applicant wishes to conduct; and
(d)
(e)
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(iii) will enable the applicant to comply with its obligations
under the Money Laundering and Proceeds of Crime
Act [Chapter 9:24] (No.4 of 2013);
and
(d2) where the applicant is part of a group of companies, the
structure and governance of the group does not hinder
effective supervision of the applicantorendangerthe stability
of the financial system; and";
in subsection (4) by the insertion in paragraph (a) after "situated" of "and
does carry on banking business in that country";
by the insertion after subsection (6) of the following subsection"(7) As soon as reasonably possible after registering an applicant,
the Registrar shall inform the Deposit Protection Corporation.".
New section inserted in Cap. 24:20
The principal Act is an1ended by the insertion after section 13 of the following
section-
"13A Notification of application
As soon as reasonably possible after registering an applicant, the
Registrar shall inform the Deposit Protection Corporation and cause notice
of the registration to be published in the Gazette and in one or more issues
of a newspaper circulating in the area in which the applicant's head office
is situated.".
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Amendment of section 14 of Cap. 24:20
Section 14 ("Cancellation of registration") of the principal Act is amended(a) in subsection (1) by the insertion after paragraph (f) of the following
paragraph"(fl) the institution has knowingly or recklessly permitted its facilities
to be used for the purposes of money-launde1ing or the financing
of terrorism as described in the Money Laundering and Proceeds
of Crime Act [Chapter 9:24] (No.4 of 2013); or";
(b) in subsection (2)(b) by the insertion after "the banking institution" of
"and the Deposit Protection Corporation".
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